733_ International multi-jurisdictional and national trademark filing options
What you don't know can cause you and your organization some unbelievable financial pain. Melody Harris and Samantha Sturgis, attorneys at Holme Roberts & Owen LLP (HRO), just conducted a program that had to do with 'Multi-Jurisdiction Filing Options' (The Madrid System), Community Trademarks (CTMs - European Union, 27 countries) and
Registered Community Design (RCDs - Euro union, only for last 12 mos). While Larry has owned businesses in five countries and has a registered trademark for w3w3(R) he learned a great deal. Samantha pointed out, "In the US you gain Trademark rights by using Trademarks. You don't have to register a mark because it can be protected under the common law. However we recommend that our clients using trademarks, register the trademark, and register it at the federal level." Melody added, "The first thing we want to do in thinking about filing a United States Trademark Application is whether or not somebody else might be out there already using that brand. So we recommend doing a trademark search before spending money to file an application which they may not have the ability to prosecute through to the end because someone else might be in line ahead of you. So it's really important to do at least, what we call a 'knockout' or quick search. Once we have the actual search process done, then we want to look at the application process. There are two different ways of filing applications in the U.S. You can file it on what's called a 'use base', which means you're already using the mark. Otherwise you file on what's called 'an intent to use' basis." There's much more...
Related Links: Holme Roberts & Owen LLP || US Patent and Trademark Office || US Copyright Office || It's the Law Channel || Keywords: Melody Harris, Samantha Sturgis, Holme Roberts & Owen LLP (HRO), Trademark, Copyright, Multi-Jurisdiction, Madrid System, European Union > Channel: Law 9262467 bytes 11/2/09 LISTEN

Comments